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Evelyn Hernández thanked her mother after being cleared

A 21-year-old woman in El Salvador whose baby was found dead in the toilet where she gave birth has been cleared of murder during a retrial.

Evelyn Hernández had always maintained she was innocent, saying that she did not know she was pregnant and lost consciousness during the birth.

Prosecutors had asked for a prison sentence of 40 years.

Her case has been closely watched in El Salvador and abroad with women’s rights activists calling for her acquittal.

El Salvador has one of the strictest anti-abortion laws in the world. Abortion is illegal in all circumstances and those found guilty face between two and eight years in jail.

But in many cases, including the one against Ms Hernández, the charge is changed to one of aggravated homicide, which carries a minimum sentence of 30 years.

“Thank God, justice has been done,” she said as she stood on the steps outside the court house, free after 33 “hard” months behind bars. “My future is to continue studying and to move forward with my goals. I am happy,” she said, according to AFP news agency.

“I am about to explode with happiness,” her defence lawyer, Bertha Maria Deleon, tweeted.

However, she added, the fight was not over: Ms Hernández’s case was the first of its kind in El Salvador in which a full retrial had been ordered.

Previously, women accused of aborting their babies had had their sentences commuted after their 30-year jail terms were deemed “disproportionate and immoral”, but their verdicts were not overturned.

Now women’s rights activists hope the retrial will set a precedent allowing other women jailed under El Salvador’s strict anti-abortion laws to fight their sentences.

“We can and we will continue fighting because there are still are women accused who need justice urgently,” Ms Deleon tweeted.

Amnesty International described the verdict as a “resounding victory for the rights of women in El Salvador” and called on the government to “end the shameful and discriminatory practice of criminalising women”.

The Office of the United Nations High Commissioner for Human Rights has in the past also called on El Salvador to reform its abortion laws.

What happened?

Evelyn Hernández said she experienced severe stomach pains and bleeding while at her home in rural El Salvador on 6 April 2016.

She went to the toilet, located in an outhouse, where she fainted. Her mother took her to a hospital, where doctors found she had given birth.

She was arrested after the body of her baby was found in the toilet’s septic tank.

Salvadorean rape victim Evelyn Hernandez is seen prior to her hearing
Ms Hernández had repeatedly said she was innocent

 

 

Ms Hernández, who was 18 at the time, said she had been raped by a gang member but that she had no idea that she was pregnant.

She said she had confused the symptoms of pregnancy with stomach ache because she had experienced intermittent bleeding, which she thought was her menstrual period.

“If I’d known I was pregnant I would have awaited [the birth] with pride and joy,” she said in the past.

She also said that while she had “felt something come loose” inside her, she did not hear a baby cry out and did not realise she was giving birth.

She was initially accused of abortion but the charge was changed to one of aggravated homicide with prosecutors arguing she had hidden her pregnancy and not sought antenatal care.

In July 2017, the judge ruled that Ms Hernández knew she was pregnant and found her guilty. She was sentenced to 30 years in prison of which she has already served 33 months.

Why was there a retrial?

Ms Hernández’s lawyers appealed against the judge’s decision. They said forensic tests showed that the baby had died of meconium aspiration, inhaling his own early stool. This can happen while the baby is still in the uterus, during delivery or immediately after birth.

The lawyers said the test proved that Ms Hernández had not tried to abort the baby but that it had died of natural causes. “There is no crime,” defence lawyer Bertha María Deleón said.

Activists demanding freedom, justice and redress for Salvadorean rape victim Evelyn Hernandez hold protest
A protester holding a sign saying “Evelyn you’re not alone! We’re with you” outside the court

 

 

In February 2019, El Salvador’s supreme court annulled the 2017 conviction citing absence of evidence and ordered a retrial with a new judge.

Ms Hernández was released from jail pending the retrial, which started in July.

Prosecutors in the retrial asked for an even harsher sentence – 40 years in prison – than that originally imposed.

Salvadorean pro-choice campaigner Morena Herrera said the prosecutors’ demand for such a steep sentence was “extremely grave”. She accused them of not taking into consideration the circumstances in which the birth took place and the severe blood loss Ms Hernández suffered.

Why is the case significant?

Rights organisations in El Salvador say there are at least 17 other women in jail under the country’s strict abortion laws.

Over the last decade, campaigners have managed to free around 30 through evidence reviews.

Ms Hernández’s retrial is the first such case to be heard under new President Nayib Bukele, who took office in June, and women’s groups are hoping he could usher in a more lenient stance on the issue.

President Bukele has said that he opposes abortion but has expressed sympathy with women suffering miscarriages who then come under suspicion.

“If a poor woman suffers a miscarriage, she’s immediately suspected of having had an abortion. That’s where the issue of social inequality comes into play,” he said while he was running for president.

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Israel’s War On Gaza: List of Key Events, Day 101

Published

3 years ago

on

15th January 2024

By

Israel's war on Gaza: List of key events, day 101 | Israel War on Gaza News | Al Jazeera

Dozens of Palestinians killed in overnight Israeli strikes in central and south Gaza as Red Sea tensions rise.

Here’s how things stand on Monday, January 15, 2024:

Latest updates and human impact

  • Israeli attacks continue unabated overnight killing and wounding dozens of civilians in central and southern Gaza. At least 22 people were killed and a large number injured as a result of Israeli forces targeting al-Thalatheni Street in the central Gaza Strip.
  • Yemen’s Houthi rebels fired an antiship cruise missile toward an American destroyer in the Red Sea, which was shot down by a US fighter jet, announced US Central Command (CENTCOM) on X.
  • This was the first US-acknowledged Houthi attack since the US strikes on Yemen on Friday.
  • Hamas released a 37-second video showing three Israeli captives held in Gaza on Sunday, saying they would reveal the fate of the captives on Monday and urging the Israeli government to stop the offensive.
  • The Israeli military says it has shifted to a new phase of the war focused on the southern end of Gaza, where almost 2 million internally displaced Palestinians are running out of safe spaces to shelter.
  • The Gaza Ministry of Health has said almost 24,000 people have been killed in the Israeli offensive. More than 60,000 people have been wounded in 100 days of war.

Diplomacy

  • Israeli Prime Minister Benjamin Netanyahu said on Sunday that his country will pursue its war against Hamas until victory and will not be stopped by anyone, including the International Court of Justice (ICJ).
  • The White House said on Sunday that “it’s the right time” for Israel to scale back its military offensive in the Gaza Strip.
  • Egypt’s State Information Service (SIS) said in a statement on Sunday that one of the biggest obstacles to the timely delivery of sufficient aid to Gaza was Israeli inspection of the aid. The statement came after Israel blamed Cairo for the delay in aid delivery to Gaza during its defence at the ICJ.
  • US Secretary of State Antony Blinken posted on X on Monday, calling for the release of the remaining captives held in Gaza on the 100th day since they were taken by Hamas. He did not mention the Palestinian casualties.
  • Australia’s Foreign Minister Penny Wong, who described herself as a “friend of Israel” to the press, will travel to Jordan, Israel, the occupied Palestinian Territories and the United Arab Emirates this week, her office said on Monday.

West Bank raids and violence

  • Israeli forces arrested 25 students staging a sit-in in protest against high tuition fees at An-Najah University in Nablus. Al Jazeera’s Hamdah Salhut reported that the protesting students received a text message from Israeli forces telling them to “surrender now”.
  • Israeli forces have reportedly raided the family home of Nael al-Barghouti, the longest-serving Palestinian prisoner, in the village of Kobar, in Ramallah, in the occupied West Bank.
  • The Israeli army said on Friday that it killed three Palestinian men who infiltrated a West Bank settlement and fired upon soldiers.
  • The Israeli military killed two Palestinians after accusing them of ramming their car through a checkpoint near Hebron.
  • Local sources reported that Israeli forces bulldozed two Palestinian-owned houses during a Sunday midnight raid in the city of Qalqilya, Palestinian news agency Wafa reported.
  • Armed Israeli settlers broke into the village of Burin, south of Nablus, and attacked Palestinian residents’ houses and properties after midnight on Sunday, Wafa reported.
  • “Violent raids and arrests have become part of the fabric of daily life in the occupied West Bank,” Al Jazeera’s Mohammed Jamjoom, reporting from Ramallah in the occupied West Bank, said. At least 347 Palestinians have been killed and thousands have been arrested since October 7.

 

SOURCE: AL JAZEERA AND NEWS AGENCIES
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Hamas Says Will Kill Hostages if Israeli Attacks On Gaza Civilians Continue

Published

3 years ago

on

10th October 2023

By

Flames and smoke billow during Israeli attacks against Gaza on October 9, 2023

Human Rights Watch terms Israeli Defence Minister Yoav Gallant’s call for a ‘complete siege’ on Gaza a ‘war crime’.

The Hamas movement has threatened to kill an Israeli hostage every time Israel bombs a Palestinian home without warning as Israel mobilised some 300,000 reservists and imposed a total blockade of the Gaza Strip, denying the enclave’s millions of residents access to food, water and fuel.

The warning from Hamas came on Monday as the death toll from the armed group’s surprise weekend attack climbed to 900 in Israel and revenge attacks by Israeli forces on the besieged Gaza Strip killed more than 700 people and left some 3,700 others wounded.

Residential apartment blocks, hospitals, schools and a mosque have been among the sites attacked by Israeli fighter jets, artillery and drones, according to media reports and witnesses.

Hamas spokesperson Abu Ubaida issued the threat to kill Israelis from the dozens held captive by the armed group. He said an Israeli hostage would be killed for every Israeli bombing of a civilian house without warning.

Israeli Foreign Minister Eli Cohen said more than 100 people were taken captive by Hamas during the deadly cross-border incursion over the weekend.

As Israeli forces conducted intense retaliatory attacks on Gaza on Monday, Israel’s Defence Minister Yoav Gallant drew international condemnation by announcing a total blockade of the densely populated and besieged enclave, which is home to 2.3 million people.

Gallant said Israel would impose a “complete siege” on Gaza. “No electricity, no food, no water, no gas – it’s all closed.”

United Nations Secretary-General Antonio Guterres said he was “deeply distressed” by the siege announcement and warned that Gaza’s already dire humanitarian situation will now “only deteriorate exponentially”.

A mourner carries the body of Palestinian boy Saad Lubbad, who health officials said was killed in Israeli strikes, during his funeral in Rafah, in the southern Gaza Strip, October 9, 2023. REUTERS/Ibraheem Abu Mustafa
A mourner carries the body of Palestinian boy Saad Lubbad, who health officials said was killed in an Israeli attack, during his funeral in Rafah, in the southern Gaza Strip, on October 9, 2023 [Ibraheem Abu Mustafa/Reuters]

Guterres also said some 137,000 people were taking shelter with the UN Relief and Works Agency for Palestinian Refugees (UNRWA) at schools across Gaza.

UNRWA said on Tuesday that almost 190,000 people have been displaced in Gaza amid the Israeli attacks and the figure is expected to grow further as the violence intensifies.

Nearly half a million people have also not received food rations this week in Gaza as UN food distribution centres have been forced to remain closed amid the Israeli onslaught, UNRWA said.

Human Rights Watch said Israel’s total blockade on the necessities of life for everyday people in Gaza was a war crime.

“Defense Minister Gallant’s statements are abhorrent,” Omar Shakir, Israel and Palestine director at Human Rights Watch, said in a statement.

“Depriving the population in an occupied territory of food and electricity is collective punishment, which is a war crime, as is using starvation as a weapon of war. The International Criminal Court should take note of this call to commit a war crime,” he said.

Shakir also condemned the threat by Hamas to kill hostages, warning that such action was also a war crime.

“All hostages should be safely released to their families,” he said.

On the diplomatic front, Egyptian President Abdel Fattah el-Sisi and his Turkish counterpart Recep Tayyip Erdogan called on Hamas and Israel to immediately end violence and protect civilians, the Egyptian presidency said.

Erdogan urged Israel against “indiscriminately” attacking civilians and delivered measured criticism of Hamas, urging both sides to respect the “ethics” of war.

The United Kingdom, French, German, Italian and US governments issued a joint statement on Monday recognising the “legitimate aspirations” of the Palestinian people and supporting equal measures of justice and freedom for Israelis and Palestinians alike.

INTERACTIVE_DEATH_TOLL_INJURED_ISRAEL_PALESTINE_OCT10_2023_0415
They said they would remain “united and coordinated” to ensure Israel can defend itself.

But the prospect that fighting could spread also alarmed the region and the world.

Lebanese armed group Hezbollah fired rockets into northern Israel in response to at least three of its members being killed in Israeli shelling of Lebanon.

Israel said one of its deputy commanders was also killed in an earlier cross-border raid from Lebanon.

SOURCE: AL JAZEERA AND NEWS AGENCIES

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Western Leaders Accused of Hypocrisy Over Response To Palestine, Ukraine

Published

3 years ago

on

10th October 2023

By

US President Joe Biden holds a bilateral meeting with Israeli Prime Minister Benjamin Netanyahu on the sidelines of the 78th United Nations General Assembly in New York City, the US, September 20, 2023

Social media users, including journalists and observers, are calling out what they call a ‘double standard’.

After Saturday’s surprise attack by the Palestinian group Hamas on Israel, Ukrainian President Volodymyr Zelenskyy took to the social media platform X to offer “condolences go out to everyone who lost relatives or close ones in the terrorist attack”.

He also stated, “Israel’s right to self-defence is unquestionable.”

Many world leaders, including US President Joe Biden and UK Prime Minister Rishi Sunak, shared similar sentiments.

European Commission President Ursula von der Leyen stated, “Israel has the right to defend itself – today and in the days to come. The European Union stands with Israel.”

Accusations of Western ‘double standards’

Some social media users have criticised these statements, saying they highlight a double standard.

Ukraine’s right to defend itself is praised by most international leaders while Russia’s invasion is condemned, but commentators said the same cannot be said about Israel’s occupation of the West Bank and Gaza.

Aaron Bastani, a leftist British journalist, said on X that there’s a “clear double standard in endorsing terrorism against civilian targets in Ukraine … and condemning it by Palestinians”.

Many users said Western diplomats and media support the Ukrainians who defend their land, but label the Palestinians fighting against Israel as “terrorists”.

https://twitter.com/KhaledBeydoun/status/1710787817415082349?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710787817415082349%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine

An illustration of a woman’s face, in which one eye is closed beside a Palestinian flag, and one eye open beside a Ukrainian flag, has been regularly shared as a symbol of the West’s alleged double standards in how the two conflicts are viewed.

https://twitter.com/OnlinePalEng/status/1710994682883273172?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710994682883273172%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine

Clips also emerged on social media from a CNN interview with Mustafa Barghouti, the general secretary of the Palestinian National Initiative, in which he posed the rhetorical question, “Why does the United States support Ukraine in fighting occupation – while here they support the occupier, who continues to occupy us?”

It is not the first time Western nations have been accused of double standards in their stance on the Ukraine war.

Earlier in the year, Amnesty International published a report highlighting the West’s “double standards” on global human rights.

Agnes Callamard, Amnesty’s secretary-general, told Al Jazeera at the time that the occupation of Palestinian territory was a “particularly important one”.

“Without making any comparison between Russia’s aggression and Israel … it is clear the Palestinian people are under a regime of oppression – a regime of occupation and a regime of apartheid,” Callamard told Al Jazeera.

Over the last three days, X users recirculated earlier statements calling out what they called Western hypocrisy, sharing video by the Irish lawmaker Richard Boyd Barrett from March 2022 in which he berated the Irish government’s double standards regarding Ukraine and Palestine:

“You’re happy to use the most strong and robust language to describe the crimes against humanity of [Russian President] Vladimir Putin, but you will not use the same strength of language when it comes to describing Israel’s treatment of the Palestinians.”

Barrett on Sunday again called out what he described as “shocking double standards of Western leaders supporting Ukraine resistance but condemning Palestinian[s].”

Meanwhile, others warned against comparing conflicts.

https://twitter.com/denfordauthor/status/1710993737738768607?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710993737738768607%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine

And some cautioned that Hamas and the Palestinians should not be seen as one and the same.

Ukrainian footballer Oleksandr Zinchenko, who plays for Arsenal, posted on Instagram, stating he “stands with Israel”.

Zinchenko has been a vocal supporter of his home country in its ongoing defence against Russia, and he participated in a Game4Ukraine charity match in London earlier this year to raise money for Ukraine.

After online backlash, with some questioning an alleged double standard in his support of Israel, the footballer removed the post and switched his social media account to private.

Several people claimed that Zinchenko’s football club, in not responding to his comments, was guilty of hypocrisy after they had distanced themselves from former player Mesut Ozil’s comments in 2019 over alleged human rights abuses against Uighur Muslims in China.

SOURCE: AL JAZEERA
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